In association with the International Commission of Jurists

Regions

08 Apr

[Victor Kattan is a Senior Research Fellow of the Middle East Institute at the National University of Singapore where he heads the Transsystemic Law Cluster. He is also an Associate Fellow of NUS Law. This is the first part of a two-part post.]  One of the concerns that arose from US President Donald Trump’s Proclamation recognising the occupied Golan Heights – captured from Syria in the June...

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29 Mar

[Kruthi Venkatesh is a lawyer practising in Mumbai, India.] In recent years, there has been a lot of debate on investor accountability for human rights abuses, especially in relation to cross-border trade and investment agreements. The UN Guiding Principles on Business and Human Rights (“UN Guiding Principles”) has been a guiding force for this discourse. With increase in foreign investments in...

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26 Mar

[Emma Irving is an Assistant Professor of Public International Law at the Grotius Centre for International Law, Leiden University and Nicholas Ortiz is a Research and Teaching Associate at the Kalshoven-Gieskes Forum on International Humanitarian Law.] On 18 March 2019, the UN Commission of Inquiry on the 2018 Protests in the Occupied Palestinian Territory (‘CoI’) published its detailed findings of its...

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25 Mar

Last week, the excellent lawyers at The Guernica Group, led by my friend Toby Cadman, filed an Article 15 communication with the Office of the Prosecutor (OTP) arguing that the ICC should open an investigation into the deportation of civilians from Syria to Jordan. The communication itself is not public, so what we know of TGG's legal argument comes from their...

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23 Mar

[Mark Drumbl is Professor at Washington and Lee University, School of Law. His research and teaching interests include public international law, global environmental governance, international criminal law, post-conflict justice, and transnational legal process. This contribution was originally posted at legalsightseeing.org. ] International judges get so very few monuments in their honor. One such judge, however, has two. This judge is Radhabinod Pal, from India....

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19 Mar

In a recent post at EJIL: Talk! on the India/Pakistan crisis, Mary Ellen O'Connell references a book chapter in which she suggests that Israel's 1976 raid on Entebbe was the first situation in which a state invoked the "unwilling or unable" doctrine as a jus ad bellum justification for self-defense: Christian Tams, Dire Tladi, and I will soon publish, Self-Defence Against Non-State...

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13 Mar

The Philippines' withdrawal from the ICC becomes effective this Saturday, March 17. There are domestic legal proceedings underway that have the potential to nullify the withdrawal. But if the withdrawal goes forward, we are faced with an important question: what happens to the OTP's preliminary examination? This is, of course, Burundi redux. In that case, the OTP preserved its ability to...

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12 Mar

Jean-Pierre Bemba, recently finally acquitted by the Appeals Chamber, dropped quite the legal bombshell last night on the ICC: he is demanding nearly €70,000,000 from the Court -- €22,000,000 in compensation for the 10 years he spent in detention; €4,000,000 in legal fees; and €42,400,000 for the economic loss he has suffered as a result of the Court's mismanagement of property it...

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08 Mar

[Srinivas Burra is an Assistant Professor at the Faculty of Legal Studies, South Asian University, New Delhi.]  Recent military strikes between India and Pakistan merit analysis to assess their legality under international law. As discussed (here and here), they have relevance to the discussions on the legality of the use of force, particularly in relation to the emerging debates on the...

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07 Mar

[Alexandra Lily Kather is a Legal Advisor at ECCHR’s International Crimes and Accountability Program. Anne Schroeter is a Legal Advisor at ECCHR’s International Crimes and Accountability Program. This post represents the personal views of the authors and does not necessarily reflect the views of the European Center for Constitutional and Human Rights. This is Part II of a two-part post.] This change of course...

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07 Mar

[Alexandra Lily Kather is a Legal Advisor at ECCHR’s International Crimes and Accountability Program. Anne Schroeter is a Legal Advisor at ECCHR’s International Crimes and Accountability Program. This post represents the personal views of the authors and does not necessarily reflect the views of the European Center for Constitutional and Human Rights. This is Part I of a two-part post.] With ISIL’s territorial control...

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06 Mar

[Dhruv Sharma is an LLM Candidate and a Chevening Cambridge Trust Scholar at the University of Cambridge. He is an alumnus of the National Law University, Delhi. Utkarsh Srivastava is an Advocate practising in the Courts and Tribunals in India. He is an alumnus of the National Law University, Delhi.] Prologue On 14 February 2019, a dastardly terrorist attack was carried...

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